Recently, the Department of Health published the Emergency Rule 64ER22-8, Dosing and Supply Limits for Medical Marijuana, to begin August 29th, 2022. Beginning on August 29th all medical marijuana recommendations given by physicians can not exceed 350mg a day or 24,500mg per 70-day period. In addition to this all-encompassing rule, they also set caps on individual routes as listed below:
In addition to the restrictive caps put in place they are introducing the 70-day rolling limit which states,
An aggregate (total) 70-day supply limit of marijuana, other than marijuana in a form for smoking, shall not exceed 24,500mg of THC.
The Emergency Rule 64ER22-8 also state that any physicians’ orders that began before Aug. 29th that exceeds the daily dose defined by the new rule will be valid for the remainder of the physician’s certification if the physician makes no modifications to the certification. If modified this will result in the patient being subject to the new rule.
First, let’s break down the caps. Previously, we offered 400mg per day per category; inhalation, oral, topical, sublingual, and edibles. The new rule specifies a physician cannot exceed 350mg a day in total amongst all routes combined.
Honestly, a majority of patients are not using the amounts given in their recommendation, but we made them available for several reasons.
As stated above, these caps will not affect most patients. To ensure patients have access to the products they are using, we created several options for the patients to choose how they would like to divide their milligrams while maintaining all the rules. You can download our Recommendation Selection chart from here.
The second part of Emergency rule 64ER22-8 is the rolling 70-day limit that Qualified patients may not obtain more than a 70-day supply of marijuana within any 70-day period or more than a 35-day supply of marijuana in a form for smoking within any 35-day period.
According to the first part of this rule a 70-day limit of medical marijuana is 24,500mg (350mg a day) This is the part that is affecting more patients because there was no warm up period on counting the last 70 days. Patients that used more than 24,500mg in the last 70 days will start their new recommendations with a negative amount. Being unable to purchase any product until 70 days after the purchase, places them over the 24,500 limit.
Follow these steps to determine if you may be affected by the new rule. You will need to log in to the MMUR and check your Aggregate (total) milligrams dispensed in the last 70 day.
For more detailed instructions the state has provided the links below: Understand the Amount Available Calculation Page and how to View and Understand Orders. These guides can also be found on the Office of Medical Marijuana Use (OMMU) website, here: https://KnowTheFactsMMJ.com/Registry/#instructional-guides.
Due to the high volume of appointments, our response time to exception requests can take from 1 to 2 weeks.
The last part of Emergency rule 64ER22-8 Dosing, and Supply Limits for Medical Marijuana mentions that pursuant to section 381.986(4)(f)1., F.S., a qualified Physician may request an exception to the daily dose amount if the physician find it necessary for the treatment of the qualified patient.
An exception is a form that can be submitted to the state by a physician who finds it medically necessary for a patient to have access to more product than the new rule allows. If the physician find it necessary for the patient to have more than 24,500mg of medical marijuana per 70-day period or more than 2.5 oz of smokable marijuana in a 35-day period, the physician should submit an Exception Form to the state in accordance with Section 381.986(4)(f)1., F.S. This section states that in the submission form the Physician must include:
As mentioned earlier, some patients do require more than the new allotted caps due to a number of reasons, such as a severe diagnosis, like cancer or suffering from a chronic illness. Some patients have absorption or malnutrition issues that cause them to need more of certain kinds of products.
Even if the above statements are true for you it does not necessarily mean you need an exception. Cannabis is so personalized we all need different routes, cannabinoid/terpene profiles, metabolic rates and tolerance levels. So there can be verifiable treatment options even for the same conditions from person to person.
If you follow the above steps to check your Aggregate milligrams and it appears near or over the 24,500mg limit for the last 70 day period or you are using the full 2.5 oz of flower every 35 days you may qualify for an exception.
To have an exception form completed by the physician you will need to schedule and exception appointment with our office. Due to the time and complexity this form adds we will only be doing exception appointments on Wednesdays from 8:00 to 9:30 AM and between 1:00 to 2:00 PM. The appointment will cost $40 to help cover the time and resources it will take to submit these forms. The form will be completed in our office at the time of the appointment to help the doctor asses what additional recommendations may be needed.
We understand this Emergency rule came out of nowhere and patients have concerns about how it came to be so quickly, if you have questions about this please contact The office of OMMU at MedicalMarijuanaUse@FlHealth.gov or by calling our support line at (850) 245-4657, Option 1. Or The Governor’s office.
If you would like to sign the petition to ask Governor DeSantis to roll back the limits, please check out this page https://flcan.org/roll-back-the-limits/
Click below for the printable form
Get answers for all your questions about medical marijuana in Florida.